Repossession notice and procedures
If you fall behind with your mortgage or loan payments, your lender cannot just throw you out of your home. There are procedures that must be followed, beginning with a notice of repossession that you must be given to warn you that repossession procedures are starting and including pre-action requirements.
If you have mortgage arrears you may be sent one notice or a combination of notices, informing you that repossession proceedings are being started. If you have a secured loan or second mortgage that's regulated by the Consumer Credit Act, you must be served a default notice before you can be served any of these notices.
Repossession steps that lenders must follow to repossess your home. You might be able to stop the process so get advice as soon as possible.
If you miss one or more payments to your mortgage or loan, your lender could serve you with a notice stating that you have defaulted on your mortgage or loan agreement.
If you fail to keep up to date with your mortgage payments, your lender can issue you with a calling up notice. This notice will end your loan agreement and ask you to repay the whole amount of the loan.
If you have mortgage or loan arrears, your lender can apply to the sheriff court for a court order to repossess and sell the property. You can expect to receive a notice from the court and an initial writ.
Last updated: 22 August 2017
Housing laws differ between Scotland and England.
This content applies to Scotland only.